Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES

By accessing or using FULLBEAUTY Brands websites (the "Site(s)"), catalogs and other products and services, or contacting our call center representatives (collectively, the "Services"), you signify your agreement to these Terms of Use. This Site is owned and operated by FULLBEAUTY Brands, Inc. and its affiliates and their brands. The words "we", "our", "us" and "FULLBEAUTY Brands" refer to FULLBEAUTY Brands, Inc. and its affiliates and their brands unless a different meaning is evident from the context.

The Services are offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth herein. Please read these Terms of Use carefully, as they contain important information about limitations of liability and resolution of disputes through arbitration rather than in court. You should also read our Privacy Policy, which also governs our relationship. We reserve the right, at any time and in our sole discretion, to change, modify or otherwise alter these Terms of Use. Such changes and/or modifications are effective immediately when posted on our websites. We may email periodic reminders of our Terms of Use, but you should check our website frequently to see any recent changes. Your continued use of our Services after the changes and/or modifications are posted will constitute your acceptance of the revised terms and conditions. If you do not agree to these Terms of Use, please do not use our Services.

ACCEPTABLE USES

You may use this Site only for legitimate shopping purposes or to communicate with us. You may not harm the Site in any way or otherwise use the Site in any improper manner, including, but not limited to hacking into the Site‘s systems, spoofing or faking email headers or slowing or stopping the functionality of the Site. In the event you register and/or purchase product, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or we suspect, for any reason, that such information is untrue, inaccurate, not current or incomplete, we may, in our sole discretion, suspend or terminate your account and refuse any and all current or future use of the Site. To register on our site you will create a password and account designation. You are responsible for all activities that occur under your password or account and you are responsible for maintaining the confidentiality of the password, the account, and for restricting access to your computer. If you are under the age of 18, you may use the Site only with involvement of a parent or legal guardian. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this paragraph. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

RISK OF LOSS

Items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and the title for such items pass to you upon our delivery to the carrier.

RESTRICTIONS ON USE OF MATERIALS

This Site contains copyrighted materials, trademarks and other proprietary information, including, but not limited to, text, photos and graphics, the worldwide rights to which are owned by us, our related entities, parents and our licensors or licensees. You may not use, copy, publish, upload, post (to a bulletin board or otherwise), transmit, distribute, or modify any contents of this Site in any way, except that you may download one copy of such contents on any single computer for your personal, non-commercial use only, provided you do not alter or remove any copyright, trademark, author attribution or other proprietary notices and legends.

DISCLAIMER

THIS SITE AND ANY OTHER SITE THAT LISTS OUR PRODUCTS, AND ALL MATERIALS CONTAINED ON THIS SITE AND ANY OTHER SITE THAT LISTS OUR PRODUCTS, INCLUDING ANY OF OUR OTHER SERVICES, ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT: (A) THE CONTENTS OF THIS SITE OR ANY OTHER SITE OR SERVICE THAT LISTS OUR PRODUCTS (INCLUDING PRICING, DESCRIPTION AND OTHER PRODUCT INFORMATION) WILL BE ACCURATE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT ANY ERRORS IN SUCH CONTENTS WILL BE CORRECTED; OR MISTAKES IN PRICING OR OTHER PRODUCT DETAILS WILL BE HONORED; (B) THAT THIS SITE, ANY OTHER SITE OR SERVICE THAT LISTS OUR PRODUCTS OR THE SERVERS THAT MAKE SUCH SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) THAT YOUR USE OF THIS SITE OR ANY OTHER SITE OR SERVICE THAT LISTS OUR PRODUCTS WILL BE UNINTERRUPTED. DESPITE OUR BEST EFFORTS, FROM TIME TO TIME ITEMS ON THIS SITE OR ANY OTHER SITE OR SERVICE THAT LISTS OUR PRODUCTS MAY BE MISPRICED. IF AN ITEM’S CORRECT PRICE IS HIGHER THAN THE LISTED PRICE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CANCEL YOUR ORDER AND NOTIFY YOU OF SUCH CANCELLATION. IF A PRODUCT OFFERED ON THIS SITE OR ANY OTHER SITE OR SERVICE THAT LISTS OUR PRODUCTS IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN UNUSED CONDITION.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE THAT RESULT FROM, ARISE OUT OF, OR ARE IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE OR ITS CONTENTS, OR ANY OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LINKS

THIS SITE MAY PROVIDE, OR THIRD PARTIES MAY PROVIDE, LINKS TO OTHER WORLD WIDE WEBSITES OR RESOURCES. BECAUSE WE HAVE NO CONTROL OVER SUCH SITES AND RESOURCES, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DO NOT ENDORSE AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless, FULLBEAUTY Brands its affiliates, parents, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys‘ fees, resulting from any violation of this agreement by you or any part of your User Content. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

PROMOTIONS

From time to time, we may post a contest, sweepstakes, or other similar promotion ("Promotion") on our social media websites or the Site. Unless otherwise stated in the Official Rules for such Promotions, and, in addition to and as part of the Terms of Use and Privacy Policy, by participating in any such Promotion you acknowledge and agree to be bound by the following terms:

No purchase necessary to win;

Any applicable taxes are to be paid by Promotion winner;

Void where prohibited;

Eligibility limited to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older;

Employees of FULLBEAUTY Brands, its parent, affiliates, subsidiaries and advertising and promotion agencies are not eligible to enter or win;

Our decisions and/or the decisions of judges with respect to any aspect of the Promotion are final;

Judges, if any, are qualified;

We are not responsible for lost, late, misdirected, incomplete, inaccurate, delayed, garbled, stolen or illegible entries or postage-due mail;

Entries in excess of the stated entry limitations will be void;

Mass entries or mechanical reproductions are void;

Prizes cannot be transferred, redeemed for cash or substituted, except by FULLBEAUTY Brands who reserves the right to substitute a prize of comparable or greater value;

Prizes will not be awarded if we do not receive a sufficient number of eligible and qualified entries;

Entries must be original and become the property of FULLBEAUTY Brands upon submission; and

We reserve the right to verify eligibility qualifications of any potential winner and such potential winner agrees to cooperate in such verification when asked.

Unless otherwise stated, Promotions are in no way sponsored, endorsed or administered by, or associated with, Facebook or any other Social Media Host (as defined above). You understand that you are providing your information to us and not to Facebook or any other Social Media Host. The information you provide will only be used for the purposes outlined in our Privacy Policy.

A person who accepts a prize as a winner in any Promotion (as defined below), or posts Submitted Materials to any of our social media websites, except where legally prohibited, such person grants permission for us and our designees to use his/her name, address (city and state), photograph, voice and/or other likeness and, if applicable, prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval.

USER GENERATED CONTENT

When you upload, post, e-mail, transmit, share, distribute, reproduce or otherwise make available photographs, text, graphics, images, videos, messages, suggestions, ideas, inquiries, feedback, data, software, music, sound or other materials ("User Content") on the Site in any manner, you are entirely responsible for such User Content. You hereby grant to us an irrevocable, perpetual, unlimited, worldwide, non-exclusive, royalty-free, fully paid-up license to reproduce, distribute, display, exhibit, use, copy, license, sublicense, adapt, publicly perform, transmit, modify, edit, and otherwise exploit such User Content, in all media now known or hereafter developed, without compensation or notification to you, or permission from you, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing products.

You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in uploading, posting, e-mailing, transmitting, sharing, distributing, reproducing, or otherwise making available User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, fraudulent, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

We are in no way responsible for examining or evaluating User Content, nor do we assume any responsibility or liability for the User Content. We do not endorse or control the User Content posted or transmitted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content uploaded, posted, e-mailed, transmitted or otherwise made available via the Site. You hereby waive all rights to any claims against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.

You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms of Use, we have the right to remove any User Content that violates these Terms of Use or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms of Use or infringe the rights of others.

SOCIAL MEDIA SITES AND MOBILE SITES

TAXES

We do not collect sales or use taxes in all states. For states imposing sales or use taxes, your purchase is subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. Details of how to file these returns may be found at the websites of your respective taxing authorities.

JURISDICTION AND GOVERNING LAW

By accessing this Site and/or using our Services, you agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to its conflicts of law principles. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.

DISPUTES AND ARBITRATION AGREEMENT

Any dispute or claim relating in any way to the Services, including products or services sold or distributed through our websites and catalogs, any dealings with us and our customer service agents, any representations made by us, and/or your use of our websites (including without limitation claims relating to the Terms of Use, Privacy Policy or the unauthorized disclosure of personally identifiable information) will be resolved by binding arbitration, rather than in court, except that you may assert individual claims in small claims court if your claims qualify and so long as the matter remains in such court and advances only on an individual basis. This includes any dispute or claim you assert against our subsidiaries, affiliates and assigns. This also includes any dispute or claim that arose before you accepted these revised Terms of Use.

Unless you proceed with a small claims action, the Federal Arbitration Act and federal arbitration law will apply. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Unless we both agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative, consolidated or class proceeding. If the requirements of this paragraph are found to be unenforceable, then the entirety of this arbitration provision shall be null and void except for the waiver of any right to a jury trial described below. Without limiting the foregoing, if for any reason a claim proceeds in court rather than in arbitration, WE EACH HEREBY WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that either of us may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Payment of all filing, administration and arbitrator fees will be governed by the American Arbitration Association’s ("AAA") rules, except as provided in this section. If your total claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees, unless the arbitrator determines your claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

If a dispute arises, we strongly encourage you to first contact our Customer Service Department before starting arbitration or filing a claim in small claims court. We value our relationships with our customers and will try to resolve your claims informally and quickly.

If your dispute is not resolved by Customer Service, before beginning arbitration, please send written notice describing the claim to the Office of the General Counsel at the following address:

If the claim has not been resolved within 30 days of sending the notice, you may then commence an arbitration proceeding. The arbitration will be conducted by the AAA under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules and forms are available at www.adr.org or by calling 877-495-4185.

NOTIFYING US OF CLAIMED COPYRIGHT INFRINGEMENT

If you wish to notify us of an alleged copyright infringement for material posted on the Site, to be effective, your notice must be a written communication to our designated agent that complies with Section 512(c)(3) of the U.S. Copyright Act. Please consult your legal advisor. Your notice must include substantially the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. The best method is to provide a URL in the body of an email.

Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such written notice should be sent to our designated agent as follows:

DMCA Complaints
c/o Office of the General Counsel
FULLBEAUTY Brands
One New York Plaza
New York, New York 10004
ATTN: General Counsel
Email: GeneralCounsel@FBBrands.com

Please also note that under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

COUNTER-NOTIFICATION

If you elect to send us a counter-notice, to be effective, your counter-notice must be a written communication to our designated agent that complies with Section 512(g)(3) of the U.S. Copyright Act. Please consult your legal advisor. Your counter-notice must include substantially the following:

A physical or electronic signature of the subscriber.

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

• The subscriber‘s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber‘s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Such written notice should be sent to our designated agent as follows:

DMCA Complaints
c/o Office of the General Counsel
FULLBEAUTY Brands
One New York Plaza
New York, New York 10004
ATTN: General Counsel
Email: GeneralCounsel@FBBrands.com

Please note that under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.

WEBSITE ACCESSIBILITY

If you require assistance in using this website, please contact us at the appropriate customer service number set forth in the chart above under the section entitled "Privacy Policy – How to Access and Correct Information Collected?". For customers with a hearing impairment, please use one of the TDD Hearing Impaired numbers provided.

INTERNATIONAL ORDERS

When you place an order for delivery outside the United States, our Terms of Use apply to you AS MODIFIED by the International Terms and Conditions modifications below.

Countries where we ship our merchandises

We ship to approximately 90 countries around the world. Click here to see where we ship our merchandise.

Sizes

International size charts are developed based on industry standards and may vary by garment type.

International Import Duties, Customs Fees and Taxes

Packages shipped outside of the US are subject to customs fees and import duties imposed by the country where the package will be delivered. These charges are your responsibility and will be applied to the payment method provided at checkout.

When you place an order for delivery outside of the US, you are designated as the importer of record. Your order and all order details must comply with all laws and regulations of the destination country.

The following programs are NOT eligible on orders shipped outside of the US:

Free shipping

Promotional Discounts and Offers designated for merchandise delivered within the US

Shipping Time - Additional Time to Ship International Orders

Standard Shipping to Canada: Arrives in approximately 6 – 11 business days.
Express Economy Shipping to Canada areas: Arrives in approximately 5 – 7 business days.

Standard International Shipping: Arrives in approximately 6 – 11 business days.
Express Economy International Shipping: Arrives in approximately 5 – 7 business days.

Returns and Replacements for International Orders

Returns: All sales are final 90 days after receipt.

Returns Due to Problems: In the unlikely event you receive an item that has a quality issue please contact a customer service representative immediately to describe the problem. You can reach the applicable customer service department using the contact information above.

Customer Driven Returns: If you received the correct item but, for any reason not related to quality, you‘re not satisfied with your purchase, simply return it within 90 days of receipt for a refund of the merchandise price. Returns will not be accepted after 90 days. We recommend that you use an insured and trackable return method. We are not responsible for lost or damaged packages.

If you return a product to us you are the exporter of record from the country you ship the merchandise from. You must comply with all applicable export regulations and requirements and pay all applicable fees including but not limited to duties and taxes required to return the merchandise to our return facility in the US. Shipping and handling, return freight, duties and customs fees billed to you are not refundable. Title and risk of loss are yours until the merchandise is received at our designated return facility in the US.

If you choose to ship merchandise back to our designated return facility in the US, it is possible that you will be contacted by US Customs about the contents of the return shipment. To be able to respond to any inquiry from Customs we recommend that you retain the following information in English: Quantity, Value in US Dollar (from invoice), Weight, Country of Origin from Label (where item was manufactured), and Detailed Description that can include: Men’s or Women’s, Knit or Woven, Main Fabric Content (from item’s label), and/or Type (e.g., pants, blouse, shoes, accessory). Returns take approximately 3 weeks to process once the merchandise is received at our designated return processing facility in the US. A confirmation email will be sent to the email address provided at check-out to notify you that the merchandise has been received at our designated return processing facility in the US.

Exchanges are not available on International shipments. Customers are invited to return merchandise according to the return policy and place a new order for the desired merchandise.

Consent

By placing an order for delivery outside the United States, you are agreeing to these Terms and Conditions and to our Privacy Policy.

TERMINATION

All of the Terms of Use are material. Upon any breach by you of any such term, your right to access, download and otherwise use this Site, all materials obtained from this Site and all copies thereof shall immediately terminate.

OTHER

If any of the Terms of Use are unlawful, void, or for any reason unenforceable, then that term shall be deemed severable from the other terms and shall not affect the validity and enforceability of any remaining terms. These Terms of Use constitute the entire agreement between us relating to the subject matter herein.